Miss A Wolo v Lionheart Domiciliary Care Services Ltd and 1 other — 2019

Miss A Wolo was employed by Lionheart Domiciliary Care Services Ltd as Human Resources Officer from 12 August 2017 on a contract providing one week's notice. The respondents relied on cash-flow difficulties, loss of a client and a reduced need for HR support as the reasons for ending her employment. A draft dismissal letter was emailed internally at 13:03 on 5 January 2018, and the claimant emailed at 15:54 that day to say she was six months pregnant.

The tribunal found that the respondents first became aware of the pregnancy when the claimant's 5 January 2018 email was read, and not before. It rejected the claimant's case that she had previously discussed her pregnancy with any director, including Rosemary, and found the wording of the email was inconsistent with prior disclosure. On the balance of probabilities, the tribunal found the claimant had realised the respondents intended to make her redundant and sent the email because of that.

The pregnancy-related dismissal claim, brought under s.99 ERA 1996 or alternatively s.18 Equality Act 2010, was dismissed because the tribunal found the reason for dismissal was the first respondent's financial difficulties rather than pregnancy. The claimant appealed on 9 January 2018 but was not offered an appeal hearing because the respondent said it would not overturn the decision.

The separate claim for other payments or deductions from wages succeeded. The tribunal found that the dismissal letter's reference to a month in lieu of notice did not extinguish the unpaid sums still due, and awarded the claimant £373.84 for six days after the change in pay date and £498.46 for the period worked from 1 to 8 January 2018, making a gross total of £872.30.